Taipei: Taiwan's Mainland Affairs Council (MAC) and experts warned on Monday of the potential risks of traveling to China as new entry and exit rules take effect, but Taiwan is not planning to raise its travel alert in the face of those risks at the moment.
According to Focus Taiwan, MAC deputy head Shen Yu-chung described the new regulations as potentially posing risks to information, business, and personal security, urging people to carefully assess the risks and avoid unnecessary travel to China. Shen highlighted five groups that may face heightened risks: Taiwanese businesspeople in China, executives of Taiwanese companies, workers in the semiconductor and other high-tech sectors, frontline civil servants, and members of certain religious groups.
Shen issued the warning ahead of a forum in Taipei on the new rules, organized by the Asia-Pacific Elite Interchange Association (APEIA). He advised individuals in these groups to register their trips to China as an additional safety precaution. However, he mentioned that the MAC is not considering raising its current "orange" travel alert level for China-indicating avoiding non-essential travel-to the highest "red" alert.
At the forum, Shen explained that the new rules authorize Chinese customs officials and visa authorities to require individuals entering or leaving the country to disclose files and digital information, including data stored on mobile phones and laptops. This could increase the risk of trade secrets or personal political views being exposed, he noted.
The rules also state that individuals who violate export restrictions or technology management regulations, or are deemed threats to Chinese industries or technologies, can be barred from leaving China. Additionally, Chinese authorities are not required to inform individuals subject to exit restrictions of the restriction itself, its reasons, or legal basis, or available legal remedies, which means individuals may only become aware of the restriction when preparing to leave the country.
Shen suggested that these provisions may relate to China's competition in high-tech and semiconductor sectors with the United States, as well as Beijing's efforts to control the outflow of talent. Hsu Kai-chieh, a judge in the Taipei District Court's National Security Division, said the new regulations are based on China's Exit and Entry Administration Law, passed in 2012, which includes Taiwanese nationals in its definition of "Chinese citizens." This makes Taiwanese nationals subject to the regulations.
Hsu noted that similar provisions already exist, citing the 2023 amendment to China's Counter-Espionage Law, which allows foreign nationals suspected of espionage to be restricted from leaving the country. The new regulations add layers to existing measures, emphasizing export controls and technology restrictions.
Meanwhile, APEIA Secretary-General Arthur Wang mentioned the difficulty in determining what Chinese authorities consider "involving national security." Such provisions could potentially encompass comments by friends or family expressing support for Taiwan, as well as participation in relevant international organizations or religious groups.
On Sept. 2, China's Taiwan Affairs Office spokesperson Zhang Han stated that the new regulations aim to regulate entry and exit, protect the legal rights of customs personnel, and "protect national sovereignty, safety, and developmental benefits." They are also intended to create "a better legal environment for the people of Taiwan," Zhang added.